Governor’s rule in KP on the cards

The federal government is seriously mulling a proposal to impose Governor’s Rule in Khyber Pakhtunkhwa (KP) province and any final decision is likely to be taken in the next few days, Pakistan Today has reliably learnt.

The Governor’s Rule is likely to be imposed in wake of the defiance of KP Chief Minister Pervaiz Khattak who is leading thousands of Pakistan Tehreek-e-Insaf (PTI) workers to attend the party’s protest demonstration scheduled to be held in the federal capital on November 2.

Under Article 234 of the Constitution, the president of Pakistan may impose governor’s rule in a province if he is satisfied with his analysis that the provincial government had failed to function smoothly.

“The proposal is being given a serious discussion by Prime Minister Nawaz Sharif and his close aides. However, the decision would be taken if KP Chief Minister fails to follow the court orders. Next 24 hours would decide the fate of the KP government,” a well-placed source in the federal government confided to this scribe.

The source said that KP Governor Iqbal Zafar Jhagra had visited Islamabad on Monday and held important meetings at the Prime Minister’s House and the presidency, which reflects that all necessary consultations have been carried out and final arrangements have been considered. “However, many senior party leaders have cautioned the prime minister against imposing the governor’s rule. Even Jhagra has opposed the idea. But he has also assured the prime minister that he would stand for the party’s cause whenever his role was required,” the source added.

When contacted, Jhagra confirmed he had visited the federal capital on Monday. However, the governor categorically rejected the notion that Governor’s Rule had been discussed during his meetings in the capital city.

“I had arrived in Islamabad on Sunday night and left for Peshawar at 11am on Monday. There is no truth in reports suggesting the possibility of Governor’s Rule,” he added.

NONE OF PROVISIONS FULFILL GOVERNOR’S RULE: SAYS KHOSA

Pakistan Peoples’ Party (PPP) Senator Latif Khan Khosa, who is also an eminent lawyer, says that none of the provisions of the Constitution fulfill the governor’s rule and any step by the federal government would tantamount to subjugating the provincial autonomy of the smaller provinces.

“It reflects that the prime minister wants to misuse the constitution to settle personal scores against the KP government. Any such step would be disastrous. Federation would be infringing upon the autonomy of the smaller provinces if Nawaz Sharif goes for the Governor’s Rule,” he asserted.

Khosa, who is also the secretary-general of the PPP, blamed the ruling party for disconnecting two provinces from the federation by cutting all road links with KP and Sindh provinces.

“This attitude is totally unacceptable. Any such step would be outrageous and a violation of the constitution. This would be rebellion to the constitution,” he said.

Asked to comment why his own party’s government had imposed governor’s rule in year 2012, Khosa said that the court had disqualified Sharif brothers there was a vacuum and the federal government had to impose the governor’s rule as a temporary arrangement.

“We did it for only one month. We lifted it soon,” he added. He said that Nawaz Sharif wanted to go to any limit to save his loot and plunder and he was opposing anyone demanding accountability.

What is Article 234?

The article 234 of the Constitution provides power to the president to issue proclamation in case of failure of constitutional machinery in a province. Following is the article:

234. Power to issue Proclamation in case of failure of constitutional machinery in a Province.—(1) If the President, on receipt of a report from the Governor of a Province 1[****], is satisfied that a situation has arisen in which the Government of the Province cannot be carried on in accordance with the Provisions of the Constitution, the President may, or if a resolution in this behalf is passed 1[by each House separately] shall, by Proclamation:–

(a)  assume to himself, or direct the Governor of the Province to assume on behalf of the President, all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, anybody or authority in the Province, other than the Provincial Assembly;

(b)  declare that the powers of the Provincial Assembly shall be exercisable by, or under  the authority of, 2 [Majlis-e-Shoora (Parliament)]; and

(c)  make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of the Constitution relating to any body or authority in the Province:

Provided that nothing in this Article shall authorise the President to assume to himself, or direct the Governor of the Province to assume on his behalf, any of the powers vested in, or exercisable by, a High Court, or to suspend either in whole or in part the operation  of any provisions of the Constitution relating to High Courts.

(2)  The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).

(3)  A Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months, unless before the expiration of that period it has been approved by resolution of the joint sitting and may by like resolution be extended for a further period not exceeding two months at a time; but no such Proclamation shall in any case remain in force for more than six months.

(4)  Notwithstanding anything contained in clause (3), if the National Assembly stands dissolved at the time when a Proclamation is issued under this Article, the Proclamation shall continue in force for a period of three months but, if a general election to the Assembly is not held before the expiration of that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate.

(5)  Whereby a Proclamation issued under this Article it has been declared that the powers of the Provincial Assembly shall be exercisable by or under the authority of 2[Majlis-e-Shoora (Parliament)], it shall be competent —

(a)  to 2[Majlis-e-Shoora (Parliament)] in joint sitting to confer on the President the power to make laws with respect to any matter within the legislative competence of the Provincial Assembly;

(b)  to 2[Majlis-e-Shoora (Parliament)] in joint sitting, or the President, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Federation, or officers and authorities thereof;

(c)  to  the President, when 2[Majlis-e-Shoora (Parliament)] is not in session, to authorise expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that fund or not, pending the sanction of such expenditure by 2[Majlis-e-Shoora (Parliament)] in joint sitting; and

(d)  to 2[Majlis-e-Shoora (Parliament)] in joint  sitting by resolution to sanction expenditure authorised by the President under paragraph (c).

(6)  Any law made by 2[Majlis-e-Shoora (Parliament)] or the President which, 2[Majlis-e-Shoora (Parliament)] or the President would not, but for the issue of a proclamation under this Article, have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation under this Article has ceased to be in force, except as to things, done or omitted to be done before the expiration of the said period.